Seeks to levy ADD on imports of Polytetrafluoroethylene (PTFE) Products originating in or exported from China PR, to prevent the circumvention of anti dumping duty levied on Polytetrafluoroethylene (PTFE) originating in or exported from China PR vide notification No. 36/2017-Customs(ADD) dated 28 July, 2017- Notification No. 25/2021-Customs (ADD)
G.S.R. —(E). – Whereas, in the matter of review of anti-dumping duty on imports of ‘Polytetrafluoroethylene (PTFE)’ falling under the tariff item 3904 61 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in or exported from China PR, the designated authority, vide its final findings in notification No. 15/11/2016-DGAD, dated the 23rd June, 2017, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd June, 2017, had recommended imposition of the anti-dumping duty on Polytetrafluoroethylene or PTFE, originating in or exported from China PR.
And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed anti-dumping duty on imports of ‘Polytetrafluoroethylene (PTFE)’, originating in or exported from China PR, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.36/2017-Customs (ADD), dated the 28th July, 2017, published vide number G.S.R. 966(E) in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 28th July, 2017.
And whereas, the designated authority, vide notification No.07/22/2020-DGTR, dated the 19th June, 2020, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 19th June, 2020, in the matter of circumvention of the anti-dumping duty imposed on imports of ‘Polytetrafluoroethylene (PTFE)’ originating in or exported from China PR, had initiated an investigation to determine the need for extending the anti-dumping duty imposed on imports of ‘Polytetrafluoroethylene (PTFE)’, originating in or exported from China PR, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2017-Customs (ADD), dated the 28th July, 2017, published vide number
G.S.R. 966(E) in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 28th July, 2017, to the imports of ‘Polytetrafluoroethylene (PTFE) Products’ (hereinafter referred to as the ‘subject goods’) falling under the tariff headings 3904, 3907, 3910, 3916, 3917, 3918, 3919, 3920, 3921, 3922, 3923, 3924, 3925 and 3926 of the First Schedule to the Customs Tariff Act, originating in, or exported from China PR (hereinafter referred to as the subject country) into India.
And whereas, the designated authority in its final findings, published vide notification No.07/22/2020-DGTR, dated the 27th January, 2021, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that-
- there has been a change in pattern of trade in case of subject goods from the subject country;
- the value addition in converting Polytetrafluoroethylene (PTFE) to subject goods is significantly less than that the prescribed threshold in the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the Anti-dumping Rules);
- imports of subject goods from the subject country are entering at dumped prices;
- the import of subject goods from the subject country has undermined the remedial effect of existing anti-dumping measure on the imports of Polytetrafluoroethylene (PTFE) originating in or exported from China PR,
and has recommended imposition of the existing anti-dumping duty imposed on the imports of ‘Polytetrafluoroethylene (PTFE)’, originating in or exported from China PR, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2017-Customs (ADD), dated the 28th July, 2017, published vide number G.S.R. 966(E) in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 28th July, 2017, on the subject goods, originating in or exported from the subject country.
Now, therefore, in exercise of the powers conferred by sub-sections (1), (1A) and (5) of section 9A of the Customs Tariff Act, read with rule 27 of the Anti-dumping Rules, the Central Government, after considering the aforesaid final findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, specification of which is specified in column (4), falling under tariff heading of the First Schedule to the Customs Tariff Act, specified in the corresponding entry in column (2), originating in the countries specified in the corresponding entry in column (5), exported from the countries specified in the corresponding entry in column (6), produced by the producers specified in the corresponding entry in column (7), exported by the exporters specified in the corresponding entry in column (8) and imported into India, an anti-dumping duty at the rate equal to the amount specified in the corresponding entry in column (9), in the currency specified in the corresponding entry in column (11) and as per unit of measurement specified in the corresponding entry in column (10) of the said Table, namely:-
Table
* includes PTFE Products or Processed PTFE Components, including and not limited to bush, rod, sheet, tape, tube and thread seal tape.
2. The anti-dumping duty imposed under this notification shall be effective from the date of publication of this notification in the Official Gazette and will be co-terminus with the anti-dumping duty on Polytetrafluoroethylene (PTFE) as levied vide aforesaid notification No. 36/2017-Customs (ADD), dated the 28th July, 2017, published vide number G.S.R. 966(E), dated the 28th July, 2017 (unless revoked, superseded or amended earlier), and the anti-dumping duty shall be paid in Indian currency.
Explanation.– For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
